Family residence permit and similar practices in comparative law

GÜNDÜZ, Başak, Family Residence Permit and Similar Practices in Comparative Law, Başkent University, Institute of Social Sciences, Private Law Master's Program with Thesis, 2025. Family residence permit is a legal regulation offered to ensure family reunification of immigrants, as an important part of modern immigration management. The issue of family reunification has become a global priority, particularly with the rise in migration flows since the latter half of the 20th century. The arrangements made for families to continue living in the countries they migrate to have evolvedover time based on various social and economic necessities. The post-World War II period saw a significant demand for labor in various European nations, a consequence of the increased international mobility of the workforce. This development necessitated the implementation of family reunification policies, allowing migrant workers to be accompanied by their families. In response to the rise in global migration, numerous countries have maintained their acceptance of foreign labor in order to sustain their economic and social development. However, the intensification of migratory movements has augmented the demand for the protection of the right to family unity. In response to this demand, more comprehensive and precise legal frameworks, particularly within international legal instruments, have been established to affirm the right of families to live together. Due to Turkey's geographical position and the conflicts and civil unrest in its neighboring regions, the country has experienced a substantial flow of immigration. As the rate of immigration to Turkey has increased, the necessity for a clearer and more systematic immigration policy, along with the development of appropriate legal frameworks, has emerged. With the implementation of the Foreigners and International Protection Law No. 6458, crafted to address this need, a substantially more comprehensive legal framework was established concerning the regulation of the legal status of foreign nationals. This legislation facilitated the establishment of a comprehensive regulatory framework governing the entry and exit of foreign nationals, as well as their stay and residence in Turkey. Under Turkish law, a family residence permit refers to a residence permit granted to the family members of a foreigner or Turkish citizen residing in Turkey under a residence permit, who seeks to remain in the country, with the conditions of such permits being regulated by law. This study will primarily provide an overview of the basic concepts of family residence permits, the conditions required for people who can benefit from family residence permit, the process of obtaining the permit, the competent authorities in this regard, and finally, explanations will be presented regarding the rejection, cancellation or non-extension of the family residence permit. Keywords: Migration, Family, Residence Permit, Family Residence Permit, Family Reunification